Florida Broker Practice Exam

Which of the following is NOT true regarding easement by prescription?

1. It requires permission from the landowner

2. It requires a specific period of uninterrupted use

3. It can be established without the landowner's consent

4. It can be terminated by the landowner

The correct answer is: It requires permission from the landowner

An easement by prescription is a legal concept that allows a person to gain a right to use someone else's land after meeting specific criteria, including continuous and uninterrupted use over a certain period, which is typically defined by state law. The statement about requiring permission from the landowner is not true in the context of easements by prescription. In fact, one of the key characteristics of this type of easement is that it can be established without the landowner’s consent. The user must have used the land in a manner that is open, notorious, and adverse to the interests of the landowner, but permission must not have been granted. The other characteristics mentioned, such as the need for a specific period of uninterrupted use and the ability for the landowner to terminate the easement, align with the legal principles governing easements by prescription. The requirement for a continuous period of use ensures that the person claiming the easement has demonstrated a vested interest in the property usage. Meanwhile, the landowner retains the right to terminate the easement, provided the easement's conditions and the legal grounds for its existence are met.